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Criminal Justice Act 1988

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32 Evidence through television links.E+W

(1) A person other than the accused may give evidence through a live television link on a trial on indictment or an appeal to the criminal division of the Court of Appeal or the hearing of a reference under section 17 of the M1Criminal Appeal Act 1968 if—

(a)the witness is outside the United Kingdom; or

(b)the witness is under the age of 14 and the offence charged is one to which subsection (2) below applies,

but evidence may not be so given without the leave of the court.

(2)This subsection applies—

(a)to an offence which involves an assault on, or injury or a threat of injury to, a person;

(b)to an offence under section 1 of the M2Children and Young Persons Act 1933 (cruelty to persons under 16);

(c)to an offence under the M3Sexual Offences Act 1956, the M4Indecency with Children Act 1960, the M5Sexual Offences Act 1967, section 54 of the M6Criminal Law Act 1977 or the M7Protection of Children Act 1978; and

(d)to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.

(3)A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the M8Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

(4)Without prejudice to the generality of any enactment conferring power to make rules to which this subsection applies, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this section.

(5)The rules to which subsection (4) above applies are—

(a)Crown Court Rules; and

(b)Criminal Appeal Rules.

Commencement Information

I1S. 32 partly in force; s. 32 not in force at Royal Assent see s. 171; s. 32 except subsections (1)(a)(3) in force at 5.1.1989 by 1988/2073, art. 2, Sch.

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